Kerala High Court
Roshan C R vs The Authorized Officer, Canara Bank on 23 October, 2024
Author: D. K. Singh
Bench: D. K. Singh
2024:KER:79386
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
WEDNESDAY, THE 23RD DAY OF OCTOBER 2024 / 1ST KARTHIKA,
1946
WP(C) NO. 36668 OF 2024
PETITIONER:
ROSHAN C R,
AGED 41 YEARS
S/O RAPPAI, CHIRAYATH HOUSE, PERUVANGULANGARA,
OLLUR, THRISSUR, PIN - 680306
BY ADVS.
N.SASI
RASMI NAIR T.
RESPONDENT:
THE AUTHORIZED OFFICER, CANARA BANK,
SME BRANCH, KURIACHIRA ELAMON COMPLEX, KURIACHIRA
THRISSUR, PIN - 680003
BY ADVS.
Gopikrishnan Nambiar M
K.JOHN MATHAI(K/413/1984)
JOSON MANAVALAN(J-526)
KURYAN THOMAS(K/131/2003)
PAULOSE C. ABRAHAM(MAH/58/2006)
RAJA KANNAN(K/356/2008)
OTHER PRESENT:
SRI.M. GOPIKRISHNAN NAMBIAR-SC
W.P.(C).No.36668 of 2024
2024:KER:79386
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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.10.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).No.36668 of 2024
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3
JUDGMENT
(Dated this the 23rd day of October, 2024)
The present writ petition has been filed seeking the
following reliefs:
"i) issue a writ of appropriate writ or
direction calling for the records
resulting in Ext.P5 order, scrutinize
and set aside the same.
ii) Direct the respondents to permit the
petitioner to pay the overdue amount
to the respondent in 24 monthly
installments or in such other
installments as is deemed fit and
proper,
im) To dispense with the filing of the
translation of vernacular documents;
iv) Pass such orders, interlocutory or
otherwise, which are deem to be fit
and proper to meets the ends of
justice.
v) Allow this Writ Petition with costs."
2. The petitioner had approached the Debts
Recovery Tribunal in SA.No.540/2023 against the
proceedings initiated by the respondent Bank under the
provisions of the SARFAESI Act and the Rules made
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thereunder to realize its outstanding dues in respect of the
loan advanced to the petitioner. The petitioner also filed
I.A.No.703/2024 before the Debts Recovery Tribunal
seeking interim relief. However, the tribunal has dismissed
the said I.A, noting that more than 44,00,000/- was due on
the date when the application was considered. The
petitioner had not paid anything in respect of the
outstanding amount and the petitioner did not take any
steps to relieve the loan.
3. After the petitioner was unsuccessful before the
Tribunal, as much as the I.A came to be dismissed on
13.05.2024 the petitioner kept quiet for almost eight
months, and now the petitioner has come before this Court
with prayer as mentioned above.
4. This Court is not inclined to grant any indulgence
to the petitioner. However, the petitioner may approach
the Bank for One Time
Settlement/restructuring/rescheduling of the payment in
terms of the loan agreement. If the Bank agrees for such a
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relief, the petitioner may comply with the One Time
Settlement/restructuring/rescheduling of the payment in
terms of the loan agreement.
With the aforesaid observation, the present writ
petition is hereby dismissed.
Sd/-
D. K. SINGH
JUDGE
Mms
2024:KER:79386
APPENDIX OF WP(C) 36668/2024
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE SA NO. 540/2023
WITHOUT ANNEXURES FILED BEFORE THE DEBT
RECOVERY TRIBUNAL II, ERNAKULAM
Exhibit P2 TRUE COPY OF THE IA 702/2024 IN SA NO.
540/2023 WITHOUT ANNEXURES FILED BEFORE
THE DEBT RECOVERY TRIBUNAL II,
ERNAKULAM
Exhibit P3 TRUE COPY OF THE IA NO. 703/2023 DATED
14.02.2024 FILED BEFORE THE DEBT
RECOVERY TRIBUNAL II, ERNAKULAM
Exhibit P4 TRUE COPY OF THE COUNTER DATED
19.02.2024 FILED BY THE RESPONDENT
Exhibit P5 TRUE COPY OF THE ORDER DATED 13.05.2024
BY THE DEBT RECOVERY TRIBUNAL 2 IN IA
Exhibit P6 TRUE COPY OF THE NOTICE DATED 18.9.2024
ISSUED BY THE ADVOCATE COMMISSIONER
ALONG WITH ITS ENGLISH TRANSLATION
